sec.224Appointment of administrator if particular corporations incapable of acting

### sec.224 Appointment of administrator if particular corporations incapable of acting This section applies to a corporation, including, for example, a corporation incorporated under the Associations Incorporation Act 1981 , the Corporations Act or another Act. If the corporation is incapable of acting for any reason, including, for example, the death or incapacity of an officer or member of the corporation, a designated person for the corporation may apply to the court for the appointment of an administrator. The court may order the appointment of an administrator if the court considers the appointment is necessary or desirable. The court may make any order that the nature of the case requires, including, for example, any of the following orders— an order that the appointment be for an indefinite period, a fixed period or until the happening of a stated event; an order imposing conditions; an order that the remuneration of the administrator is to be paid from the assets of the corporation. Subject to an order of the court, the administrator may— to the exclusion of the corporation and any officer or member of the corporation, exercise all the powers of the corporation; and delegate any of the powers exercisable by the administrator. The court may, on the application of an administrator appointed under subsection (3) , or a designated person for the corporation— give to the administrator directions relating to the powers of the administrator or the affairs of the corporation; or remove or replace the administrator. If the court makes an order for the appointment, removal or replacement of an administrator in relation to a corporation incorporated under the Corporations Act , the order does not take effect until the order is lodged with ASIC. The order mentioned in subsection (7) must be lodged with ASIC— within 7 days after the order is made; or if the court allows a longer period—within the longer period. For subsection (2) , a corporation is incapable of acting whether the corporation is incapable of acting— generally, or in relation to a particular transaction; or temporarily, or for an indefinite or other period. In this section— designated person , for a corporation, means— an officer or member of the corporation; or the personal representative of a person mentioned in paragraph (a) ; or a creditor or another person claiming against the corporation. (sec.224-ssec.1) This section applies to a corporation, including, for example, a corporation incorporated under the Associations Incorporation Act 1981 , the Corporations Act or another Act. (sec.224-ssec.2) If the corporation is incapable of acting for any reason, including, for example, the death or incapacity of an officer or member of the corporation, a designated person for the corporation may apply to the court for the appointment of an administrator. (sec.224-ssec.3) The court may order the appointment of an administrator if the court considers the appointment is necessary or desirable. (sec.224-ssec.4) The court may make any order that the nature of the case requires, including, for example, any of the following orders— an order that the appointment be for an indefinite period, a fixed period or until the happening of a stated event; an order imposing conditions; an order that the remuneration of the administrator is to be paid from the assets of the corporation. (sec.224-ssec.5) Subject to an order of the court, the administrator may— to the exclusion of the corporation and any officer or member of the corporation, exercise all the powers of the corporation; and delegate any of the powers exercisable by the administrator. (sec.224-ssec.6) The court may, on the application of an administrator appointed under subsection (3) , or a designated person for the corporation— give to the administrator directions relating to the powers of the administrator or the affairs of the corporation; or remove or replace the administrator. (sec.224-ssec.7) If the court makes an order for the appointment, removal or replacement of an administrator in relation to a corporation incorporated under the Corporations Act , the order does not take effect until the order is lodged with ASIC. (sec.224-ssec.8) The order mentioned in subsection (7) must be lodged with ASIC— within 7 days after the order is made; or if the court allows a longer period—within the longer period. (sec.224-ssec.9) For subsection (2) , a corporation is incapable of acting whether the corporation is incapable of acting— generally, or in relation to a particular transaction; or temporarily, or for an indefinite or other period. (sec.224-ssec.10) In this section— designated person , for a corporation, means— an officer or member of the corporation; or the personal representative of a person mentioned in paragraph (a) ; or a creditor or another person claiming against the corporation. - (a) an order that the appointment be for an indefinite period, a fixed period or until the happening of a stated event; - (b) an order imposing conditions; - (c) an order that the remuneration of the administrator is to be paid from the assets of the corporation. - (a) to the exclusion of the corporation and any officer or member of the corporation, exercise all the powers of the corporation; and - (b) delegate any of the powers exercisable by the administrator. - (a) give to the administrator directions relating to the powers of the administrator or the affairs of the corporation; or - (b) remove or replace the administrator. - (a) within 7 days after the order is made; or - (b) if the court allows a longer period—within the longer period. - (a) generally, or in relation to a particular transaction; or - (b) temporarily, or for an indefinite or other period. - (a) an officer or member of the corporation; or - (b) the personal representative of a person mentioned in paragraph (a) ; or - (c) a creditor or another person claiming against the corporation.